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Is it Haram to get Married to a Pregnant Woman?

Published in Islamic Marriage Law 2 mins read

The answer depends on the Islamic school of thought (Madzhab). According to the Hanafi school of thought, it is permissible (not haram) to marry a pregnant woman.

Here's a breakdown:

  • Hanafi Madzhab: This school of thought permits the marriage of a pregnant woman, regardless of whether the man marrying her is the one who caused the pregnancy or not. However, if the man marrying her is not the one who caused the pregnancy, sexual intercourse is not allowed until after she gives birth. This is to avoid confusion of lineage.

  • Other Madzhabs (e.g., Shafi'i, Maliki, Hanbali): These schools of thought generally do not permit the marriage of a pregnant woman until after she gives birth. They typically emphasize the importance of establishing clear lineage and preventing the mixing of family lines.

Key Considerations:

  • Lineage: The primary concern across all schools of thought is the clarity of lineage. Islamic law places great importance on knowing the father of a child.
  • Avoiding Fitna (discord): Allowing a pregnant woman to marry someone other than the father of the child can create potential social problems and disputes.
  • Rights of the Unborn Child: Islamic law also protects the rights of the unborn child, and ensuring clear parentage is part of that protection.

In Summary:

While the Hanafi school permits such a marriage, other major Islamic schools of thought generally do not, primarily due to concerns about lineage and avoiding social discord. It's crucial to consult with a knowledgeable Islamic scholar for guidance based on your specific circumstances and the prevailing legal interpretations in your region.

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